DoD employees received updated Hatch Act guidance this morning (12-4-2018) from the Office of Special Counsel via email. It looks like direct calls to impeach a specific person who has announced as as a candidate for President will continue to be verboten, but anything shy of putting “Impeach Trump!” in your signature will be ignored in most cases:
The OSC issued guidance for federal employees in the workplace on 27 November 2018 related to: "strong criticism or praise of an administration's policies and actions;" using the terms "#resist" or "#the Resistance;" and advocating for or against impeachment of the President. On 30 November 2018, the OSC clarified its guidance with respect to using the terms "#resist" or "#the Resistance;" and advocating for or against impeachment of the President. The 30 November 2018 guidance is as follows:
"usages of the terms "resist" and "the Resistance" while on duty or in
the workplace that are not directed toward the success or failure of a
political party, candidate for partisan political office, or partisan political
group are not prohibited by the Hatch Act. For example, using "#resist"
in relation to an issue, such as '#ResistHate' or '#ResistKavanaugh,' is
not a political activity under the Hatch Act."
But, OSC, "will continue to evaluate the facts and circumstances of each individual complaint that [it receives] in order to determine whether any alleged conduct violates the Hatch Act."
So, the advice is, not all uses of a hashtag with "resist" or "the Resistance" are prohibited under the Hatch Act for federal employees in the workplace. But, please be careful, because using those hashtags at work or while on duty directed at the success or failure of a political party, a candidate for political office or a partisan political group are prohibited under the Hatch Act.
With respect to any discussions of impeachment, not all discussions of impeachment are prohibited under the Hatch Act in the federal workplace. Displaying items that advocate for the impeachment of a President who is a candidate for reelection, such as President Trump, is considered a political activity under the Hatch Act and is prohibited. It is prohibited because it advocates for or against the impeachment of a candidate for federal office. Nevertheless, mere discussion of impeachment, without advocating for or against its use against a candidate for federal office, is not political activity prohibited by the Hatch Act. The OSC provides examples: "two employees may discuss whether reported conduct by the president warrants impeachment and express an opinion about whether the president should be impeached without engaging in political activity. An employee may not, however, display in his or her office a poster that states "#Impeach45" or place a "Don’t Impeach Trump" bumper sticker on a government owned vehicle because such conduct advocates for or against impeachment of a candidate for federal office."
The 27 November 2018 OSC guidance also discussed the use of "strong criticism or praise of an administration's policies and actions" and whether that was considered "political activity." If the criticism or praise, "is directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group, [it] is a political activity" and prohibited by the Hatch Act. "Absent evidence that the criticism or praise is so directed, criticism or praise of an administration's policies and actions is not considered political activity. Whether a particular statement constitutes political activity depends on the facts and circumstances." The 27 November 2018 OSC guidance continued by stating that: "[t]here are no 'magic words' of express advocacy necessary in order for statements to be considered political activity under the Hatch Act. Therefore, when a federal employee is prohibited by the Hatch Act from engaging in political activity - e.g., when on duty, in the federal workplace, or invoking official authority - the employee must be careful to avoid making statements directed toward the success or failure of, among others, a candidate for partisan political office."
